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Truth in Lending | Connecticut
Memorandum in Opposition to Motion
Memorandum in Opposition re 123 MOTION to Strike 121 Response, filed by Wilmington Trust, National Association, not in its Individual Capacity, but Solely as Trustee for MFRA Trust 2014-1. (Cooke, Crystal)
Order on Motion for Cost and Fees
ORDER denying Defendant's 108 Motion for Fee Waiver. Defendant wishes to obtain transcripts of the telephonic status conference held on March 17, 2026, and the telephonic Rule 16(b) scheduling conference held on April 10, 2026. ECF 92, 101. She asserts that the transcripts are necessary "to facilitate proper participation in the litigation" and that there is good cause to waive the transcript fee given that she is proceeding in forma pauperis. ECF 108. However, the transcript fee cannot be waived insofar as the stenographers who prepare transcripts are entitled to compensation. Consequently, to provide Defendant with the relief she seeks, the Court would have to use its own funds to pay the transcript fee. But while 28 U.S.C. § 1915 enables indigent persons to file an action--or remove it from state court, in this case--without prepayment of the filing fee, it does not provide for the payment of litigation costs by the Court. See Harris v. Fischer, No. 11-cv-6260 (CM)(JLC), 2012 WL 3964706, at *3 (S.D.N.Y. Sept. 10, 2012) ("[I]n forma pauperis...status merely waives the payment of court fees and does not require the Court to pay for [a litigant's] discovery expenses or court transcripts.") (citing Malik v. Lavalley, 994 F.2d 90, 90 (2d Cir. 1993) ("[F]ederal courts are not authorized to waive or pay witness fees on behalf of an in forma pauperis litigant.")); see also Langton v. Town of Chester Libr. Bd., No. 14-cv-9474 (NSR)(LMS), 2018 WL 11425557, at *2 (S.D.N.Y. Apr. 2, 2018) ("The Court does not prepare transcripts in civil matters for parties free of charge, even where the parties are proceeding in forma pauperis."); cf. Gregory v. Danbury Police Dep't, No. 3:07-cv-1072 (MRK), 2008 WL 2024955, at *1 (D. Conn. May 8, 2008) (the fact "that [a litigant] may be indigent does not require [his opponent] or this Court to advance the costs associated with deposition transcripts or witness fees"). The 108 Motion for Fee Waiver is DENIED. So Ordered. Signed by Judge S. Dave Vatti on 6/4/2026. (JN)
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